Monday, July 25, 2022
Nicholas Ohanesian (ALJ, Social Security Administration) has just posted on SSRN his article Administrative Deference and the National Labor Relations Board: Survey and Analysis. Here's the abstract:
A majority of the current members of the Supreme Court have expressed an interest in altering or doing away with entirely deference to administrative agencies. Prior to upending the existing regime, it is useful to understand the impact of the existing deference apparatus upon the affected administrative agencies. Much of the scholarship up to this point has focused on the merits of deference, its role in the separation of powers, the proper allocation of power between the three branches of government, and the practical effects of deference on administrative decision-making. What is mostly absent is an accounting of how deference is systematically applied to administrative agencies.
This article will examine how the existing deference regime is applied to the National Labor Relations Board. The NLRB is an interesting case study in the role of administrative deference in federal courts. It is a small agency in terms of its annual budget and the number of the employees. It is also an agency that originates in the New Deal and has a long history of litigation in federal courts, particularly before the United States Supreme Court. This article adds to the existing scholarship concerning the impact of deference on various agencies such as the Environmental Protection Agency, the Securities and Exchange Commission, the Federal Trade Commission, the Social Security Administration and the like.
Wednesday, July 13, 2022
Friend-of-blog Ann McGinley sends along this hiring announcement from UNLV, which will include consideration of those pursuing the worklaw field:
The William S. Boyd School of Law at the University of Nevada, Las Vegas, invites applications from both entry-level and lateral candidates for two tenure-track or tenured faculty positions expected to begin July 1, 2023. For these two positions, we seek creative and productive scholars: one with relevant expertise in teaching Legal Writing and one with experience teaching a live-client Clinic. Our faculty who teach legal writing or clinical courses are full members of our unified tenure system with all of the privileges and scholarly expectations associated with tenure; faculty who teach legal writing or clinical courses may teach a podium course as part of our standard 3-course teaching load. Subject matter needs for podium courses are broad and include, but are not limited to, business and commercial law, criminal law, evidence, and property.
The William S. Boyd School of Law at UNLV is a leading public law school founded on a commitment to public service and community engagement. With its nationally ranked Lawyering Process Program, Saltman Center for Conflict Resolution, and the Thomas & Mack Legal Clinic, Boyd offers a dynamic curriculum designed to teach students critical thinking and lawyering skills. Boyd has an LL.M. in Gaming Law and Regulation and a variety of distinctive Programs in Health Law; Indian Nations Gaming and Governance; International, Transnational, and Comparative Law; and Race, Gender & Policing. Through its J.D. curriculum, students can pursue academic concentrations in Business and Commercial Law, Dispute Resolution, Health Law, Intellectual Property, and Workplace and Employment Law. The law school is located at the heart of the UNLV campus. UNLV is an R1 research university that is among the most diverse campuses in the nation and is also the state’s largest comprehensive doctoral degree granting institution with Schools of Business, Dental Medicine, Engineering, Hospitality, Medicine, Nursing, and Public Health, among many others.
Applicants for law school faculty positions should submit a letter of interest describing teaching interests and experience and providing a scholarly research agenda, along with a detailed resume, at least three professional references, and cites or links to published works. The Faculty Appointments Committee will begin interviewing candidates in August; candidates who submit applications by August 18 will be given priority. Interested candidates should send their materials to: Faculty Appointments Committee, c/o Ms. Alicia Portillo, Appointments Committee Coordinator, William S. Boyd School of Law at UNLV, 4505 South Maryland Parkway, Campus Box 451003, Las Vegas, NV 89154-1003 or by email at [email protected]
Members of the Appointments Committee are Professors Thomas Main (chair), Mary Beth Beazley, Frank Rudy Cooper, Mary LaFrance, Lydia Nussbaum, and Jean Sternlight. UNLV is an Affirmative Action/Equal Opportunity educator and employer committed to excellence through diversity.
Tuesday, July 12, 2022
Nicole Porter, who just joined Chicago-Kent and is the new director of the Martin H. Malin Institute for Law and the Workplace, writes about a really interesting symposium call for papers:
Symposium Hosted by the Martin H. Malin Institute for Law and the Workplace at Chicago-Kent College of Law
The Effect of Dobbs on Work Law
The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization is nothing short of monumental. It will undoubtedly have significant and far-reaching effects on almost all areas of life, including families (and family law), relationships, the criminal justice system, healthcare, travel, and state and federal politics, to name a few. It will also undoubtedly have significantly different effects based on race, ethnicity, class, gender identity, sexual orientation, age, and disability.
These issues are already being discussed and explored and will continue to be for years (if not decades). This symposium will explore the effect of Dobbs on work law. Potential issues might include: privacy in the workplace, pregnancy discrimination protections, state and federal maternity leave laws, employers’ liability for assisting employees in procuring abortions, implications for religiously affiliated employers, effects on workers with disabilities, racial and class differences regarding how Dobbs affects the workplace, sexual harassment law, implications for marital status discrimination, potential role of unions and other collective action, and undoubtedly many other potential issues not listed here.
The Martin H. Malin Institute for Law and the Workplace (“Institute”) at Chicago-Kent College of Law will sponsor an in-person symposium on Friday, March 3, 2023, at the College of Law. Out-of-town speakers’ reasonable travel expenses to Chicago will be paid for by Chicago-Kent. Papers will be published in a forthcoming issue of the Employee Rights & Employment Policy Journal, which is a peer-edited journal published jointly by the Institute at Chicago-Kent and the Labor Law Group.
If interested in submitting a proposal, please send a proposed title and one- or two-paragraph description to Professor Nicole Buonocore Porter, Director of the Institute, at [email protected]. Proposals can address other issues not mentioned above, as long as they are related to the workplace and/or work law. Please include “Symposium Proposal” on the subject line. Please make sure to also include your institutional affiliation and contact information. Proposals are due by Friday, August 12. I hope to have decisions regarding the acceptance of proposals by September 2. Initial drafts of papers will be due two weeks before the symposium.
Final drafts will be due one month after the in-person event. Questions can be directed to Nicole at the email above.